Richard v. Flower Foods, Inc.

222 F. Supp. 3d 516, 2016 U.S. Dist. LEXIS 163762, 2016 WL 6989349
CourtDistrict Court, W.D. Louisiana
DecidedNovember 28, 2016
DocketCivil Action No. 6:15-cv-2557
StatusPublished
Cited by2 cases

This text of 222 F. Supp. 3d 516 (Richard v. Flower Foods, Inc.) is published on Counsel Stack Legal Research, covering District Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Richard v. Flower Foods, Inc., 222 F. Supp. 3d 516, 2016 U.S. Dist. LEXIS 163762, 2016 WL 6989349 (W.D. La. 2016).

Opinion

ORDER ON CONDITIONAL CERTIFICATION

CAROL B. WHITEHURST, UNITED STATES MAGISTRATE JUDGE

Before the Court are the following: (1) a Motion for Conditional Class Certification pursuant to 29 U.S.C. § 216(b), filed by Plaintiffs Antoine Richard, Darrell Richard, Chris Meche, Derby Doucet, Sr., Kevin Rabeaux, and Mark Louviere, on behalf of themselves and all others similarly situated, (Doc. 105); (2) Memorandum in Opposition, filed by Defendants Flower Foods, Inc. (“Flower Foods”), Flowers Baking Company of Lafayette, LLC (“FBC-Lafayette”), Flowers Baking Company of Baton Rouge, LLC (“FBC-Baton Rouge”), and Flowers Baking Company of Tyler, LLC (“FBC-Tyler”) (collectively “Defendants”)1 (Doc. 118); (3) Plaintiffs’ Reply (Doc. 127); and (4) Defendants’ Sur-Reply (Doc. 135). For the following reasons, Plaintiffs’ Motion for Conditional [519]*519Class Certification . (Doc. 105) will be granted.

I. Background

This is a collective action for violation of the Fair Labor Standards Act, 29 U.S.C. § 201, et seq (“FLSA”), and the Louisiana Wage Payment Act. La. R.S. § 23:631 (“Wage Act”). Flowers Foods manufactures, sells, and distributes bakery and snack food products to retail customers. (Doc. 5 at ¶ 32.) Plaintiffs assert that they entered into Distributor Agreements with Flowers Foods’ subsidiary bakeries—including FBC-Lafayette, FBC-Baton Rouge, and FBC-Tyler—to serve as distributors of the various baked goods and related products. (Doc. 5 at ¶¶ 1, 17.)

Plaintiffs consist of six-named distributors that deliver Defendants’ bakery products from Defendants’ local warehouses to their local retailers of bakery and bread products at the time and place specified by Defendants. (Doc. 5 at §§ 5-10, 34). These Plaintiffs have been joined in this action so far by numerous other former and current distributors. Plaintiffs state they were improperly classified as independent contractors and seek to assert their claims on behalf of:

all individuals who, through a contract with Defendants or otherwise, distribute or distributed for Defendants under agreements with [the subsidiary bakeries] or any other affiliates or subsidiaries of Flowers Foods, Inc. which employ distributors working within the State of Louisiana; and who were classified by Defendants as “independent contractors” ... anywhere at any time in the United States from the date that is three years preceding the commencement of this action through the close of the Court-determined opt-in period and who file a consent to join this action pursuant to 29 U.S.C. § 216(b).

(Doc. 5 at ¶¶ 1,17.) Thus, this collective action is limited to distributors in Louisiana and seeks compensation and a declaration that the employees are entitled to protections of the FLSA and the Wage Act. (Doc. 5 at ¶¶ 57, 66, 73, Prayer for Relief.)

II. Motion for Conditional Class Certification

Plaintiffs move to conditionally certify a collective action under 29 U.S.C. § 216(b) of the FLSA, (Doc. 105.) Plaintiffs assert that they can show that the class of people working for Defendants as distributors is similar-situated. (Doc. 105-1 at p. 17.) Specifically, Plaintiffs assert that their “allegations along with the supporting evidence are sufficient to show that all Distributors working for Defendants were subject to a common illegal pay policy—Defendants misclassify them as independent contractors, control virtually all aspects of their work, but did not (and do not) pay them the premium overtime wages they are due.” (Doc. 105 at p. 18.)

As part of their motion, Plaintiffs ask that judicially-approved notice be mailed to all Putative Class Members. (Doc. 105-1 at p. 20.). If granted conditional certification, they ask the Court to order the Defendants to provide them with certain contact information relating to past and current distributors in order to facilitate notice of this class action. (Doc. 105-1 at pp. 20-21.) In addition to seeking a 90-day notice period for collective action members to join, Plaintiffs also seek Court approval “to send Reminder Notices to an any collective-action members who have not responded 45 days and 75 days after the mailing of initial notice. (Doc. 105-1 at p. 21.) Lastly, Plaintiffs “request that the court order Defendants to post the same notification ... at all of Defendants’ warehouses in the same areas in which they are [520]*520required to post FLSA notices.” (Doc. 105-1 at p. 21.)

Defendants deny Plaintiffs’ allegations and oppose collective action certification under 29 U.S.C. § 216(b). (Doc. 118.) Their primary position is that the plaintiffs are not “similarly situated” for purposes of maintaining a collective action. (Doc. 118 at pp. 7-8.) Even if the court were inclined to grant conditional certification, Defendants contend that such certification must be limited to the seven warehouses from which the named and opt-in Plaintiffs operated. (Doc. 118 at p. 30-34.)

Defendants further urge the Court to “require the parties to meet and confer regarding the terms of the notice.” (Doc. 118 at p. 34.) They cite three non-exhaustive defects in Plaintiffs’ Proposed Notice. First, because the proposed 90-day notice period is too long, Defendants ask the Court to approve a shorter 45-day notice period. (Doc. 118 at p. 34.) Second, Defendants argue that the reminder notices sought by Plaintiffs are not justified. (Doc. 118 at p. 35.) Lastly, Defendants contend that it would be inappropriate to require posting of the notice on the workplace as no evidence has been presented to show that mailing the notice alone is insufficient. (Doc. 118 at pp. 35-36.)

In reply, Plaintiffs reiterate that they have provided substantial allegations that the putative class members were the victims of a single decision, policy, or plan. (Doc. 127 at p. 5-14.) According to Plaintiffs, individualized inquiries are not necessary at this stage in the proceedings and potential affirmative defenses are inappropriately raised at this time to defeat conditional certification. (Doc. 127 at p. 16-18.) They further urge that the evidence submitted warrants a state-wide class certification. (Doc. 127 at p. 14-16.) Lastly, Plaintiffs contend that it is unnecessary to direct the parties to meet and confer regarding the contents of the notice. (Doc. 127 at p. 18.) Plaintiffs concede that a 60-day notice period is sufficient but maintain that reminder postcards and posted notices in the warehouses are appropriate in this case. (Doc. 127 at pp. 18-19.)

III. Discussion

A. Legal Standard

The Fair Labor Standards Act (“FLSA”) sets a general minimum wage for employees engaged in commerce. 29 U.S.C. § 206(a)(1). Section 207(a) requires covered employers to compensate nonexempt employees at overtime rates for time worked in excess of statutorily defined maximum hours. 29 U.S.C.

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Bluebook (online)
222 F. Supp. 3d 516, 2016 U.S. Dist. LEXIS 163762, 2016 WL 6989349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richard-v-flower-foods-inc-lawd-2016.